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McMURTRY v. STATE

No. 2011-KM-00967-COA.

105 So.3d 395 (2012)

Roger McMURTRY, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied January 15, 2013.

Attorney(s) appearing for the Case

Kevin Dale Camp , John Michael Duncan , Christopher Tyler Kent , attorneys for appellant.

Office of the Attorney General by Billy L. Gore , attorney for appellee.

Before LEE, C.J., ROBERTS and CARLTON, JJ.

ROBERTS, J., for the Court:

¶ 1. Roger McMurtry appeals his convictions for careless driving and first offense driving under the influence of alcohol. Following an unsuccessful appeal to the Rankin County Circuit Court, McMurtry claims the prosecution was obligated to call a witness to sponsor the results of the Intoxilyzer 8000 test that indicated his breath-alcohol content was .16%. McMurtry also claims the prosecution should have been obligated to present...

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